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SUPREME COURT OF INDIA
M. M. Punchhi, CJI., S. C. Agarwal, S. Saghir Ahmad, JJ.
M. C. MEHTA, PETITIONER
Versus
UNION OF INDIA AND OTHERS (REGD. LINK ROAD FILLING STATION), RESPONDENTS.
I.A. No. 185 in I.A. No. 18 in W.P. (C) No. 4677 of 1985,
decided on April 7, 1998.
RECORD ON PROCEEDINGS
ORDER
1. This dispute pertains to the shifting of the Link Road Petrol-Filling Station, Karol Bagh, New Delhi. It is undisputed that the site at which it is constructed is not part of the Ridge area as understood by the Ridge Management Board. It has been found to be adjacent thereto. Suggestion is also afloat that perhaps years back, around the dawn of independence, it was part of the Ridge. Be that as it may, the fact remains that it has ultimately been found to be adjacent to the Ridge area and not part of it. It has been ordered to be shifted on the ground that being adjacent to the Ridge area the site be developed having attributes of the Ridge, its environment and ecology.
2. The claim in that respect appears to us to be unsustainable. If the site is adjacent to the Ridge area on one side, it adjourns the road on the other. Undeniably, the road has not been closed to be part of the Ridge area. Vehicular traffic uses it and emits smoke. If air pollution can be allowed on the road then we see no reason why the filling station, which is an adjunct to the road, cannot be allowed to bear the pollution of the vehicles visiting the filling station. The claim of the Ridge Management Board and others of that thinking cannot be allowed to prevail over the hard realities of the situation that this filling station is subservient to the road. It cannot subserve the purpose of the Ridge. In the facts and circumstances of the case, we direct that the Link Road Petrol Filling Station need not be shifted from its present location.
3. The alternative space allotted to the filling station be withdrawn. The Land & Development Office may retain the possession of the land which was proposed to be allotted to it.
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